STATE OF FLORIDA . EDUCATION PRACTICES COMMISSION ;¢ = coy ToD. ~ fal [fs Bey CHARLIE CRIST, as 4 Commissioner of Education, Petitioner, . vs. CASE NO. 001-0733-V ALVIN E. SUMMERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against ALVIN E. SUMMERS. The Petitioner seeks the appropriate disciplinary sanction of the _ Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida educator’s certificate 401849, covering the areas of health. general science, physical education and driver education, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a physical education teacher at Design and Architecture High School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Between August 1998 and November 1999, the Respondent was responsible for making an unauthorized purchase of approximately $184.00 worth of Powerade for the athletics program at Design and Architecture High School. 4. On or about October 26, 1999, the Respondent behaved inappropriately with staff by raising his voice while speaking to the principal. When the principal explained why he did not want the Respondent to open boxes containing physical education uniforms, the Respondent raised his voice and stated words to the effect that he was tired of the way the principal talked to him and that the principal had been talking trash to him all year. The Respondent then walked out of the building yelling and continued speaking in a loud voice with another staff worker in front of the school. 5. On various occasions on or prior to October 18, 2000, the Respondent has behaved inappropriately in front of students. He has made statements to them to the effect of: “Sit your ass down;” ALVIN E. SUMMERS Administrative Complaint Page 2 of 2 Shut your ass up;” “Oh, shit;” “Get the hell out of my classroom;” and/or “Damn.” He has also told students that they were crazy. 6. On or prior to October 24, 2000, the Respondent behaved inappropriately with a student by saying words to the effect of: “Sit down and shut up;” “You ain’t nothing, boy;” “Shut your ass up;” and/or “Sit your crazy butt down.” On or about October 24, 2000 a conference-for-the-record was held in which this incident was addressed. A memorandum was written detailing the events of the conference. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice. administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 8 dayof MAY , 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 02-004136PL